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*Indicate Mandatory Field
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SignUp Today!
Enrolling in Member Profile is simple and won't take you long. After you
have completed the form below and received a confirmation email, you can fill out
the Member Account Information form. We recommend that you have all your
personal financial information at hand when you fill out that form. Of course if
you're missing information, you can always come back at a later date and supply
it.
It's a simple, three-step process:
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Step-1 Tell us about yourself
Step-2 Who is your contact person
Step-3 Enter Promo Code (if you have) & Payment Information
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MY PEACE OF MIND
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MEMBER AGREEMENT
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PRIVACY POLICY
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SECURITY STATEMENT
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TERMS OF USE
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Member Profile
MEMBER AGREEMENT
January 1, 2020
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| This Member Profile Member Agreement (“Agreement”) is between you and Personal Estate Manager, Inc., doing business as (“we,” “us”). This Agreement sets forth the terms and conditions of your subscription (also referred to as your membership) to our Services offered on our member profile (“Site”). Information posted on the Site describes our Services, offered by us, to which you are subscribing. You may wish to print this Agreement for your reference.
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By clicking on the box next to “I’ve read and agree to the Member Profile Member Agreement,” you you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to all of the terms of this Agreement, do not click on this box.
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1. PERSONAL INFORMATION, MEMBER PROFILE INFORMATION, CONTACT PERSON AND PROMO CODES
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Personal Information.
As part of the registration process, you will be required to provide us with the main information that identifies you, including among other things, your name, your mailing address, the name of your Contact Person(s), and information about the credit card or debit card used to process the payment for your subscription fees (“Personal Information”). This Personal Information will be treated in accordance with Member Profile Privacy Policy which is posted on the Site and is hereby incorporated by reference and in accordance with the privacy provisions set forth in this Member Agreement.
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User Name and Password.
You shall provide us with certain registration information, all of which must be accurate and updated as appropriate. You must select a unique name that will be used as the “User Name” for your account and a password. You agree to be responsible for maintaining the confidentiality of your password and User Name. You hereby acknowledge that any person to whom you give your User Name and your password will be able to sign-on to your account, will have access to your Member Profile and will have the ability to modify information or add information to your Member Profile. You agree that you will not give your User Name and your password to anyone else unless you want such person to have full access to your Member Profile and account.
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Email Address.
We will use the email address that you provide to communicate with you as authorized in this Agreement. You agree that it is your sole responsibility to continue to maintain this email address or provide us with another email address. It is also your sole responsibility to ensure that email from us will not be blocked by any email filters such as junk mail filters. You agree to promptly notify Personal Estate Manager Inc. in the event that the email address you provided becomes invalid, inactivated or changes. You may do so by sending an email to info@memberprofile.info.
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Contact Person.
You shall provide us with the name, mailing address and phone number of at least one person to whom you authorize us to disclose your Subscription Profile upon your death or disability and to send the notices described in this Member Agreement. This person is your “Contact Person.” You agree that it is your sole responsibility to update the information about your Contact Person.
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Member Profile Information.
As a subscriber to our Services, you are entitled to list certain information about your financial and personal affairs in your Member Profile. This information, which will be referred to as Member Profile Information, includes, among other things, information about bank accounts, certificates of deposit, stocks, bonds, mutual funds, assets you own such as real estate, pension funds, retirement accounts, insurance policies, investments, credit cards, legal advisers, financial advisers, stockbrokers, your safe deposit boxes, and information about where your important personal and financial documents are stored. It is up to you to decide what information you want to enter into your Member Profile. You can take as much time as you wish to enter information into your Member Profile. You may access your Member Profile at any time to review it and you may add information to it, change information in it or delete information from it at any time. You agree that you are solely responsible for the accuracy and completeness of the information entered into your Member Profile and that you are solely responsible for updating information that changes.
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Special Rules if You Signed Up with a Promo Code.
If you signed up for our Services by using a promo code, then Personal Estate Manager Inc. payment arrangements with the person who is linked to the promo code (“Business Associate”) may require Personal Estate Manager Inc. to confirm your membership status. If such confirmation is required, Personal Estate Manager Inc. will confirm to its Business Associate whether you have signed-up, remain enrolled, have renewed a subscription, have canceled your subscription or have had your subscription terminated. Personal Estate Manager Inc. will provide the Business Associate only with the information minimally necessary to confirm your membership status.
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2. FEES, TERM OF SUBSCRIPTION AND TERMINATION OF SUBSCRIPTION
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Subscription Fee.
When you first enroll for our Services, you will be charged the Initial Subscription Fee, then in effect, as stated on the Site. You agree to pay this Initial Subscription Fee.
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Term and Automatic Renewal.
Unless earlier terminated by Personal Estate Manager Inc., your subscription shall automatically renew and shall continue unless Personal Estate Manager Inc. notifies you at least thirty (30) days in advance of a renewal date that Personal Estate Manager Inc. is not renewing your account or unless you notify Personal Estate Manager in writing via email to info@memberprofile.info of your decision to cancel your subscription to the our Services. Your renewal date will be the day that is the one year anniversary of the day on which you enrolled for our Services and thereafter it will be the day that is the one year anniversary of the day on which your subscription last renewed. The charge for a renewal Subscription Fee will be put through on your renewal date. We may notify you by email sent to the email address associated with your account thirty days before your renewal date that your subscription is being renewed unless you previously notified us that you did not want to renew or that you were canceling your subscription. The notice will state the subscription fee that will be in effect on the renewal date. Under certain promo codes your subscription will terminate if the person linked to the promo code terminates its agreement with Personal Estate Manager Inc.
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Method of Payment.
You may pay the Initial Subscription Fee or any renewal Subscription Fee by credit or debit card. You hereby authorize Personal Estate Manager Inc. to charge your credit card or debit card to pay for the Initial Subscription Fee and for the amount of the renewal Subscription Fee that is in effect on your renewal date until such time as you cancel your subscription to the Site or until such time as Personal Estate Manager Inc. terminates your subscription. Personal Estate Manager Inc. will notify you by email each time a payment is automatically charged to your card. You agree to notify us of any changes to your credit or debit card account (including without limitation, applicable account number or cancellation, expiration or closing of the account), your billing address or any information or events that may prohibit My Peace of Mind from charging your account.
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Cancellation of a Subscription At Your Request.
You may cancel your subscription to our Services at any time by sending an email to info@memberprofile.info or sending a written notice to the address specified in paragraph 9. Such cancellation will be effective as of the day we receive a written cancellation notice from you, or if the notice specifies a later date, effective as of the date you specified in the notice. If you cancel your Initial Subscription within thirty (30) days of signing up for our Services, then we will refund your Initial Subscription Fee in full. If you signed-up using a promo code and the Business Associate linked to this promo code paid your Initial Subscription Fee, refunds, if any, will be made by us to our Business Associate. If you cancel a renewal Subscription within thirty (30) days after the renewal date, then we will refund the Renewal Subscription Fee in full. If you renewed using a promo code and the Business Associate paid your renewal fee, then a refund, if any, would be made to the Business Associate. In some cases, if you signed up using a promo code, the cancellation period may be longer. If it is we will so advise you.
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Cancellation or Termination by Us.
If you violate the Terms of Use for the Site or otherwise breach this agreement or if you (or our Business Associate who is paying your subscription fees) fail to pay any amount under this Agreement when due, in addition to any other remedies available at law or in equity, we will have the right, in our sole discretion, to immediately suspend your subscription, suspend your right to purchase or use any other services provided by or offered by Personal Estate Manager Inc., and to remove or block access to your Member Profile. In the event we cancel or terminate your subscription, we will not be obligated to refund the Initial Subscription Fee or any Renewal Subscription Fee.
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Effect of Termination.
Upon termination, expiration or cancellation of your subscription, this Agreement shall terminate and our obligation to provide by our Services to you shall end. We shall, as soon as is practical, remove your Member Profile from the Site and thus the Member Profile will no longer be accessible by signing onto the Site. We shall be entitled to maintain archival copies of your Member Profile and shall have no obligation to remove your Member Profile from our servers or stored back-ups of our servers. Use of such archival copies shall be for internal business purposes, to address issues relating to compliance with our agreements with you, to address compliance with any applicable laws or regulations and respond to a request from a Contact Person sent after the termination, expiration or cancellation of this Agreement.
If your Contact Person or an Authorized Representative (which means a person with the legal authority to represent your estate such as the executor of your estate) provides verification of your death, and such death occurred while you were a subscriber to our services but such verification is received by us after this Agreement has terminated, we will provide your Contact Person or Authorized Representative with your Member Profile as follows. If the verification is received within one year after the termination of this Agreement, we will release your Member Profile to your Contact Person or Authorized Representative free of charge. If the verification is received more than one year after the termination of this Agreement, we will release your Member Profile to your Contact Person or Authorized Representative if it is still available in our archives; however, there will be a reasonable charge for our services in retrieving your Member Profile from our archives. Notwithstanding the foregoing, if you canceled your Initial Subscription and received a full refund of your Initial Subscription fee, we will not be required to perform the foregoing services after termination of this Agreement.
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Survival of Provisions.
The terms and provisions contained in paragraphs 1(A), 2(F), 3(A), 3(B), 3(F) and 3(G) shall survive the termination, cancellation, or discontinuance of this Agreement and paragraphs 6, 7, 8, and 11.
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Terms of Use.
The Terms of Use, which are hereby incorporated by reference and made a part of this Agreement, set forth the terms relating to your use of the Site.
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3. THE MY PEACE OF MIND SERVICES
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Privacy of Member Profile Information. Your Member Profile Information shall be treated as private information and shall not be disclosed or used except as otherwise provided in this Agreement. You agree that we have has the right to reproduce, save and maintain copies of your Member Profile Information in order to provide to our Services to you and for archival purposes, internal business purposes, anonymous data aggregation and compliance purposes.
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Release of Member Profile Information. As specified in subparagraph 1(B) of this Agreement, any person (whether that person is or is not named as a Contact Person) to whom you give your User Name and password will be able to sign onto the Site and obtain your Member Profile Information. In the event that you have not given a Contact Person your User Name and password, we will release Member Profile Information to a Contact Person only if we obtain verification that you are incapacitated or have died. Verification will consist of a court order appointing a guardian, personal representative, or executor or a death certificate (which, at our option, we may require to be certified) issued by a governmental agency or other record from a governmental agency confirming your death. We will also release such Member Profile Information as otherwise required by law.
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Notification Services. If we learn of your death or incapacity from sources that we, in our sole discretion, consider reliable, we will contact, preferably by email, each Contact Person listed on your account to inform them that we have received information that indicates you may have died or become incapacitated and ask your Contact Person to confirm your status. Upon receipt of verification that you have died or are incapacitated, we will release your Member Profile Information to each Contact Person listed on your account. We will also send a notice to the advisers listed in your Member Profile and a notice to any beneficiary of a life insurance policy informing such persons of your death but only if you have specifically requested that we do so.
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Email Notices to You and Your Contact Person. Your account will be deemed to be inactive if it has not been accessed for a period of 90 days. If your account becomes inactive, we will send an inquiry notice by email to you at the email address associated with your account to confirm your well being. If you fail to respond to this inquiry notice within seven (7) days, then we will notify, preferably by email, each Contact Person listed on your account that you have failed to respond to an inquiry notice and ask your Contact Person(s) to check on you and confirm your well being.
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Notice of Enrollment. When you enroll in the Site, we will send a notice to anyone you have listed as a Contact Person. If you change or add a Contact person, we will notify the new Contact person that you have enrolled in our services. If you specifically authorize us to do so, we may also notify any advisers you initially list (or add later) in your Member Profile that you have enrolled in our services. Our notice will inform the recipient that you have subscribed to our Services and that the recipient should contact us in the event of your death or incapacity. The notice will contain your name and mailing address but no other Personal Information and no Member Profile Information. You hereby acknowledge and agree that we may send such notices and authorize us to do so.
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YOUR OBLIGATION TO UPDATE YOUR MEMBER PROFILE. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION YOU PROVIDE IN YOUR MEMBER PROFILE. YOU ARE SOLELY RESPONSIBLE FOR UPDATING SUCH INFORMATION. WHEN WE SEND NOTICES TO YOUR CONTACT PERSON(S), ADVISERS OR BENEFICIARIES WE WILL RELY ON AND USE THE INFORMATION IN YOUR MEMBER PROFILE. WE WILL NOT HAVE ANY OBLIGATION TO DETERMINE WHETHER THE INFORMATION IS CORRECT OR TO UPDATE THE INFORMATION.
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ADDITIONAL STEPS YOU MUST TAKE TO GIVE YOUR CONTACTPERSON(S) LEGAL AUTHORITY TO ACT FOR YOU. MY PEACE OF MIND IS AN INFORMATION STORAGE AND NOTIFICATION SERVICE. IT IS USEFUL FOR SOMEONE HANDLING YOUR FINANCIAL AFFAIRS BUT YOU MUST TAKE OTHER STEPS TO GIVE YOUR CONTACT PERSON(S) THE LEGAL AUTHROITY TO ACT FOR YOU. AN ATTORNEY CAN ADVISE YOU OF THESE ADDITIONAL STEPS. MY PEACE OF MIND CANNOT BE USED TO TRANSFER ASSETS TO OTHERS UPON YOUR DEATH. BY ENROLLING IN MY PEACE OF MIND, YOU ARE NOT AUTHORIZING YOUR CONTACT PERSON(S) TO ACT AS THE PERSONAL REPRESENTATIVE OR +EXECUTOR OF YOUR ESTATE. YOU ARE NOT GIVING YOUR CONTACT PERSON(S) A POWER OF ATTORNEY TO SIGN DOCMENTS ON YOUR BEHALF. YOU ARE NOT TRANSFERRING ASSETS TO THE CONTACT PERSON(S).
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4. MODIFICATIONS TO THIS AGREEMENT BY US
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| WE RESERVE THE RIGHT TO CHANGE THE SERVICES AND BENEFITS PROVIDED TO YOU AS PART OF YOUR SUBSCRIPTION TO THE SITE AND TO CHANGE THIS AGREEMENT FROM TIME TO TIME. IF ANY OF THESE FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR SUBSCRIPTION BY SENDING A WRITTEN NOTICE TO MY PEACE OF MIND BY EMAIL, REGULAR MAIL OR OVERNIGHT DELIVERY. YOUR CONTINUED USE OF THE SITE OR CONTINUED PAYMENT OF SUBSCRIPTION FEES FOLLOWING THE POSTING OF NOTICE OR RECEIPT OF NOTICE OF ANY CHANGES IN THIS AGREEMENT SHALL INDICATE ACCEPTANCE BY YOU OF SUCH CHANGES..
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5. ACCESSIBILITY OF SITE
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| We shall use commercially reasonable efforts, including, without limitation, the use of back-up or mirror web sites, to make the Site accessible on a 24 hour-7 day a week basis. Personal Estate Manager Inc. shall have the right to periodically conduct routine scheduled maintenance of the Site. During such time, the Site will be inaccessible. We will use reasonable efforts to notify you of any scheduled maintenance of the Site. However, in the event the Site is inaccessible, our liability is limited in accordance with the disclaimers set forth herein.
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6. DISCLAIMERS.
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SITE ACCESSIBILITY AD LIMITATION OF DAMAGES. WE WILL TAKE COMMERCIALLY REASONABLE MEASURES TO ENSURE THAT THE SITE CAN BE ACCESSED AT ANY TIME. WE, HOWEVER, ARE NOT LIABLE FOR INACCESSIBIITY OF THE SITE UNLESS SUCH INACCESSIBILITY SHALL OCCUR FOR MORE THAN ONE WEEK AT ANY ONE TIME. IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY TO YOU DUE TO INACCESSIBILITY OF THE SITE EXCEED THE TOTAL AMOUNT OF PRORATED SUBCRIPTION FEES APPLICABLE TO THE PERIOD OF INACCESSIBILITY.
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DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. PERSOANL ESTATE MANAGER INC. DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABE ARE FREE OF VIRUSES, TROJAN HORSES OR OTHER HARMFUL CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. PERSONAL ESTATE MANAGER INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL OR OTHER ERRORS OR BUGS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
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7. LIMITATIONS OF LIABILITY.
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WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMIATATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED BY US EXCEED THE AMOUNT YOU HAVE PAID FOR YOUR CURRENT SUBSCRIPTION TO THE MY PEACE OF MIND SERVICES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE).
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8. INDEMNITY
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| You will indemnify, defend and hold harmless us, our officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs including, but not limited to, attorney’s fees arising from your breach of this Agreement or your use of the Site.
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9. NOTICE
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| All notices required or permitted to be sent under this Agreement to Personal Estate Manager Inc. shall be delivered by email to info@memberprofile.info or delivered by mail to Personal Estate Manager, Inc., P.O. Box 183096, Shelby Township, MI 48318-3096. We shall have the right to change the notice address at any time by listing a new address in the “contact us” section of the Site. Any notice required or permitted to be sent under this Agreement to you will be sent to the email address associated with your account. We may, but are not obligated, to provide notice by sending such notice to the mailing address you have provided as your home address.
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10. FORCE MAJEURE.
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| If the performance of any part of this Agreement (other than the payment of any fees due hereunder) by the parties is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God, crashes of the server(s) hosting the Site, or other causes beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes; provided, however, that if such period of force majeure lasts more than thirty (30) days, then the other party hereto may terminate this Agreement.
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11. GOVERNING LAW, VENUE, HANDLING OF DISPUTES
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Governing Law. This Site was created by and is controlled by us in the State of Michigan. Thus, this Agreement and any dispute of any sort that might arise between you and Personal Estate Manager Inc. concerning your use of the Site, the Terms of Use, the Privacy Policy, or this Agreement will be governed by and interpreted pursuant to the laws of the State of Michigan and of the United States of America, without giving effect to any principles of conflicts of laws.
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Court Jurisdiction and Venue. You specifically consent to and agree to submit any dispute or claim arising out of or relating to this Agreement, the Terms of Use (including any breach thereof), of our Services, Member Profile Privacy Policy, use of any information you give to us, or use of the Site, or the services that are offered through the Site to binding and confidential arbitration in Oakland County, Michigan administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect (including without limitation the Supplementary Procedures for Consumer Related Disputes if appropriate). The arbitration panel shall consist of one arbitrator, to be mutually agreed upon by you and Personal Estate Manager Inc. If you and Personal Estate Manger Inc. cannot agree on an arbitrator within the time period given by the American Arbitration Association for the choosing of an arbitrator or within thirty (30) days of the filing of the arbitration proceeding, whichever is longer, then the American Arbitration Association shall choose the arbitrator. The arbitration may be conducted in person, through the submission of documents, or by phone. The arbitrator shall provide a written decision, and if a party so requests, the arbitrator will provide a statement of reasons supporting the decision. The arbitrator’s award shall be binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. To the fullest extent permitted by applicable law, any such dispute or claim shall be arbitrated on an individual basis and shall not be consolidated with any dispute or claim of any other party. Each party shall be liable for its own fees and costs. The foregoing shall not preclude Personal Estate Manager Inc. from seeking any injunctive relief in state or federal courts located in the State of Michigan for protection of the intellectual property rights of Personal Estate Manager Inc. or its licensors or licensees. You agree you will not start any litigation relating to the matters specified in this paragraph except through arbitration. You also waive any claim that venue in these courts is not proper or is a forum nonconveniens. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
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Statute of Limitations. Any cause of action for a breach of this Agreement or other matters relating to your use of the Site must be brought within one year of the events giving rise to the cause of action.
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12. MISCELLANEOUS
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Binding Effect, Waiver, Severability, and Headings. The provisions of the Agreement shall be binding upon and shall inure to the benefit of you, your heirs, administrators, successors and assigns and to the benefit of us, our agents, successors and assigns. No waiver by us of any default shall be deemed as a waiver of prior or subsequent default of the same or of other provisions of this Agreement. If any provision(s) of this Agreement is unlawful, void, or unenforceable, that provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other parts remaining in full force and effect. The section and paragraph headings contained in this Agreement have been inserted only as a matter of convenience and for reference, and in no way shall be construed to define, limit or describe the scope or intent of any provision of this Agreement.
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Integration. This Agreement, Member Profile Privacy Policy, as the same may be amended from time to time, and Member Profile Terms of Use, as the same may be amended from time to time, and any Supplemental Terms Rider to which you separately agreed constitute the entire understanding of you and Personal Estate Manager Inc. and revokes and supersedes all prior agreements between Personal Estate Manager Inc. and you and shall not be modified or amended except in writing signed by you and Personal Estate Manager Inc. and specifically referring to this Agreement. This Agreement shall take precedence over any other documents such as the Privacy Policy and Terms of Use in case of a conflict with the provisions of this Agreement.
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Relationship between You and Personal Estate Manager Inc. Nothing in the Agreement shall be deemed to constitute, create, give effect to or otherwise recognize a partnership, joint venture or formal business entity of any kind between you and Personal Estate Manager Inc. The rights and obligations of the parties shall be limited to those expressly set forth herein.
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BY CLICKING ON THE BOX NEXT TO “I’VE READ AND AGREE TO THE MEMBER PROFILE MEMBER AGREEMENT” YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN IT.
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This document sets forth the Privacy Policy of Personal Estate Manager, Inc. which does business as Memberprofile.info (“we,” “us,” “our”). We are the creator and owner of the web site at www.memberprofile.info
(also accessible from www.memberprofile.info). We care about and are committed to respecting your privacy. By “you” and “your” we mean both visitors to our Site and subscribers to the Personal Estate Manager Inc. Services (which are described on the Site).
The cornerstone of our Privacy Policy is our promise to you to not sell or share your personal information with others unless you specifically authorize us to do so or as disclosed in this Privacy Policy. We will not sell to or share your Personal Information with third party marketers.
By using our Site, you agree with the terms and conditions of this Privacy Policy and the Terms of Use governing your access and use of the Site, and, if you are a subscriber, your member agreement with your member profile (“Member Agreement”).
THE INFORMATION THAT WE COLLECT
The information we collect can be categorized as anonymous information or personally identifiable information. Anonymous information is information that cannot be connected to the identity of a specific individual. Personally identifiable information is information that specifically identifies a particular user (“Personal Information”) such as name, address, and phone number.
Personal Information about Our Visitors.
When you just visit or browse our Site, we do not collect Personal Information from you unless you ask us to communicate with you by email, phone or other means.
Personal Information about Our Subscribers.
If you subscribe to our member profile Services, we do collect Personal Information from you including your name, home address, phone number, mailing address, email address, the name of any person you will allow to access your Member Profile Information upon your death or disability (“Contact Person”), the name of your advisers, and, for billing purposes, credit or debit card information including credit or debit card type, number, expiration date and billing address. You provide us with this information when you sign up to subscribe to and sign into your member profile. In addition, as a member, you may enter financial information and other related information into your Member Profile (“Member Profile Information”) by completing the Member Account Information Form.
Anonymous Information.
We may track activity on the Site to analyze trends, administer the Site, track your actions and use of the Site, record transactions and gather demographic information for aggregate use. Demographic information includes information such as the zip code in which a user or member lives, the age of our members or users, etc. This demographic data is analyzed on a group or an aggregated basis. Such aggregated data is not linked to any personally identifiable information. We may sell or share this aggregated, anonymous demographic data. This aggregated demographic data is not traceable to any particular user and will not be used to contact you.
Our Use of Cookies.
We may place small Internet files known as cookies on your computer’s hard drive when you visit or use our Site. We use “session ID cookies” and “persistent cookies.” Cookies enable your computer to interact with our Site. The session cookies expire when you close your browser. If you click “remember me” when logging into the Site, we also set a persistent cookie to store your User Name and password and your IP address. Persistent cookies also enable us to present new information to you for viewing.
We use cookies for internal record keeping purposes. Generally, most browsers allow you to set your browser to notify you when you receive a cookie and thus you will have the chance to decide whether or not to accept the cookie. If you decide not to accept the cookie, some Web pages may not display properly or you may not be permitted to access certain information on our Site.
HOW WE USE THE INFORMATION YOU PROVIDE
We collect Personal Information and Member Profile Information only for the purposes of providing the services associated with your subscription to the Personal Estate Manager Inc. Services, to process payments for your subscription, to communicate with you, to respond to requests you make of us and for internal business purposes. Except as otherwise stated in this Privacy Policy or in the Member Agreement, we do not share your Personal Information including your email address with anyone without your consent nor do we use or share your Member Profile Information with anyone.
Records of Communications.
When you communicate with us by email, voice mail, telephone calls or in writing (“Communication”), we may keep a record of the Communication. We may save and archive the email or other writings that we receive from you on our servers.
Confidentiality of Personal Information.
This Personal Information we collect is released to others only to the extent necessary to achieve the purposes stated above. We require anyone receiving Personal Information from us to treat it as confidential information and protect it from any further disclosure. We will use your email address to service your account and to send you the remainder notices you have requested. Before we use your email address or mailing address to send you information about special offers and new products and services we might offer, we will give you notice and an opportunity to opt out of such communications.
Member Profile Information.
Your Member Profile Information is not shared with others except as you have specifically authorized us to do so. Because any person to whom you give your User Name and Password will be able to sign-on to your account, such a person will have access to your Member Profile Information by signing-on to your account. When you subscribe to our services, we will send a notice to anyone you have listed as a Contact Person, or to any adviser or beneficiary of a life insurance policy that you specifically ask us to notify. This notice informs the recipient that you have subscribed to our services and that the recipient should contact us in the event of your death or incapacity. This notice will contain your name and mailing address but no other Personal Information and no Member Profile Information. Upon confirmation of your death or disability, as specified in the Member Agreement, we have the right to release the Member Profile Information to your Contact Person and notify the beneficiaries of any life insurance policies that are listed in your Member Profile, unless you have specifically instructed us to not do so.
Business Transfers.
We might sell our business or merge with another business. Our membership lists, your Personal Information and your Member Profile Information are properly considered assets of a business. Accordingly, if we merge with another entity, sell a line of business or sell substantially all of our assets to another entity, our membership lists and any Personal Information or Member Profile Information that you provided to us, would be included among the assets that would be transferred.However, such information will remain subject to the promises that we have made in this Privacy Notice (unless you consent otherwise in writing), our Terms of Use and, if you are a subscriber, our Member Agreement.We will make reasonable efforts to provide notice on the Site and to you via email to the email address associated with your account of any such change in ownership and control of your Personal Information.
USE OF SERVICE PROVIDERS TO ASSIST US
We may hire other companies to provide services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting the Site or processing transactions. Our agents and contractors who have access to Personal Information or Member Profile Information are required to protect this information in a manner that is consistent with this Privacy Policy and can only use such information to carry out the services they are performing for us.
CONFIDENTIALITY AND SECURITY OF INFORMATION
The credit or debit card information you provide is encrypted and protected during transmission over the Internet using Secure Socket Layer (“SSL”) Software. We follow reasonable and appropriate measures to keep your Personal Information and Member Profile Information secure. We encrypt the Member Profile Information stored on our Site. We have excellent security measures in place to safeguard your Personal Information and your Member Profile Information. However, we cannot assure you that such information will never be disclosed in a manner that violates this Privacy Policy. We can and do assure you we will do our best to see that such disclosures do not occur.
Release of Information
Except as otherwise provided in this Privacy Policy or our Member Agreement, we will keep all Personal Information and Member Profile Information you provide private and will not share it with third parties unless we, in good faith believe such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; and (c) enforce our Terms of Use or Member Agreement.
PRIVACY WHEN VISITING OTHER SITES
Our Site may contain links to other web sites including those of our advertisers. When you click on links or advertisements on our Site that take you to third party web sites, you will be subject to the third party’s privacy policies and terms of use. While we protect your privacy while you are using our Site, we are not and cannot be responsible for the privacy practices or the content of such third party sites. We encourage you to read the posted privacy statements and terms of use of these third party web sites and to not use these sites if you do not agree with their privacy policies or terms of use.
SPECIAL PROVISION FOR VISITORS UNDER AGE 18
Our services are marketed for use by adults. If you are under the age of 18, you cannot use our Site and you may not provide us with any Personal Information including your email address.
RIGHTS OF RESIDENTS OF CALIFORNIA
Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which we have disclosed personal information during the preceding year for direct marketing purposes and a disclosure of shared information. Alternatively, the law provides that if the company has a Privacy Policy that provides you with an "opt-out" choice for use of your personal information by third parties for marketing purposes, the Company may instead provide you with information on how to exercise your disclosure choice options.
Our Site qualifies for the alternative option. Our Privacy Policy informs you that at this time you do not need to take any additional action to opt-out of disclosures to third parties for marketing purposes since we do not make such disclosures. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information during the preceding year for marketing purposes. If this Privacy Policy ever changes to permit such disclosures for marketing purposes, we will provide you with additional instructions on how to opt-out from such disclosures.
UPDATES AND CHANGES TO OUR PRIVACY POLICY
We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on our Site. Any such change, update or modification will be effective immediately upon posting on our Site. However, in the event of a material change in the way we collect, use and or share your personal information, we will notify you by sending you an email at the last email address you provided us and/or prominently posting notice of such changes on the Site. You will be given an opportunity to agree to such material changes. Any material changes to the Privacy Policy will be effective upon the earliest of thirty (30) calendar days following our sending of an email to you or thirty (30) calendar days following our posting of notice of changes on the Site.
We will occasionally update this Privacy Policy. When we do, we will also revise the “last updated” date at the top of the Privacy Policy.
RESOLVING PRIVACY ISSUES
Any dispute over privacy is subject to this Privacy Policy, our Terms of Use and, if you are a subscriber, to our Member Agreement. Michigan law, without giving effect to any principles of conflicts of law, governs any such disputes.
If you have any concerns about your privacy in connection with this policy, please send us a thorough description to info@mypom.info so that we may investigate and address your concerns.
Last revised January 1, 2018
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The expansion of the Internet has not only allowed us to provide you with incredible information resources, but also the ability to purchase products and services online. While you may have a significant interest in online purchasing because of its convenience and its link to those valuable information resources, you may have some concerns with providing your personal credit card information over the ?public? Internet. This statement is intended to inform you of the procedures that we take to alleviate those concerns. We hope that you understand from this statement that providing your credit card over our secure connection is in many respects more secure than using it in a store.
Q: How is my order taken?
A: The following section describes how the secure order process works, from start to finish.
Step 1: Starting Your Order.
You will click the “Finish Enrollment” button. The security features are automatic and you do not need to do anything other than click the “Finish Enrollment” button to prompt these features. Every purchase on our site is secure.
Step 2: Your Computer Checks Our Site.
Once you have started your purchase, the browser on your computer “looks” for a digital certificate to confirm that it is communicating with our site. This verification process happens in the background every time you place an purchase on our site. Once your browser identifies this digital certificate, your order continues.
Step 3: You Enter Secure Mode
At this point, prior to entering secure mode, you may see a window similar to the
one below:
Some browsers display this window when you are about to receive a secure document.
To enter secure mode, you should click "OK" (or "Continue") to proceed – it simply
means that you will begin receiving pages in a highly secure encrypted format. The site is secured with 256-bit encryption. The
encryption features of browser software are exceptionally powerful and ensure the
security of this data as it is transmitted to our server.
Step 4: You Place Your Purchase
After your browser has entered secure mode, you will be prompted to provide, or,
if you have previously registered with our site, confirm your credit card information.
Q: What do you do with my order after it is received?
A: Security measures continue even after you've placed your order, as we process
your order in a highly secure computing environment. Please review our Privacy Statement for our internal security measures to protect
your personal information.
Q: Is there any way that I can monitor whether I am operating in the secure mode?
A: Yes. The most popular Web browsers use display a "lock" icon somewhere in the
window of the browser (not in the web page display area!) that let you know whether
or not they are in secure mode.
Microsoft's Internet Explorer displays the lock icon in the lower-right
of the browser window.
Mozilla's Firefox displays the lock icon in the lower-left corner.
Another indication that a browser is in secure mode can be found in the Web site
address that your browser displays. The address will begin "http://" in standard,
non-secure mode and "https://" in secure mode. The "s" stands for "secure."
Q: What do I do after my purchase is placed?
A: Once you exit the ordering process, your browser will automatically revert to the slightly faster standard mode of communication. The online transmission of your credit card information will have ceased and it is perfectly safe for you to continue to browse our site in standard mode.
Q: What if I make a purchase with a Browser that does not follow your order process?
A: You can't. Because we don't want you ever to have to worry about ordering from our site without a secure connection, we've designed our system so that it will process orders only with browsers that support secure mode.
Please check the latest versions of browsers for updated security features. These browsers are free for downloading. Visit the company's Web site for details.
Q: What if I have older Web browsing software?
A: If you use one of some of the older Web browsers, you may encounter security warnings, for example, when you visit a secure page at any Web site after December 31, 1999. The warning is generated in error and is caused by a software problem in these browsers. The problem does not affect the security of your connection to our site. For more information on this issue, including details of how to update your browser, please see the Year 2000 notices for the respective browser that you use.
Q: What if something still goes wrong?
A: The Fair Credit Act should protect you.
The Fair Credit Act specifies that a credit card company can hold you liable
for no more than $50 in fraudulent charges to your account.
To take advantage of
these protections, you must promptly notify your credit card company of any fraudulent
charges and follow any additional procedures required in your agreement with the
credit card company. You should then present all of this information along with
any bill that we just described to us.
Q: What do we need you to do to help protect this information?
A: First, we ask that you follow the procedures described in this statement and in any online directions provided to you.
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MY PEACE OF MIND
TERMS OF USE
Last Revised January 1, 2020
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| Welcome to the Personal Estate Manager Inc. website at www.memberprofile.info (“Site”). The Site is owned and operated by Personal Estate Manager, Inc. doing business as Memberprofile.info (“we,” “us,” “our”). We provide the content and services of our Site to you subject to the conditions stated in these Terms of Use.
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BY ACCESSING, BROWSING, OR OTHERWISE USING OUR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE PROVISIONS IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS IN THE TERMS OF USE, YOU MAY NOT ACCESS, BROWSE OR UTILIZE OUR SITE.
In addition, if you purchase a subscription to our Services, you will be asked to enter into separate agreements applicable to such a relationship with us and you will be subject to the terms and conditions of those additional agreements.
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1. PRIVACY Please click here to review our Privacy Policy.
2. PROPRIETARY RIGHTS
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Proprietary Information.
You acknowledge that the Site contains Content, including without limitation, text, graphics, logos, button icons, images, files, etc., that is/are or may be protected by copyrights, trademarks, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies now existing or developed in the future. Modification or use of the Content except as expressly provided for in these Terms of Use may violate our or another party’s intellectual property rights. Neither title to any Content nor intellectual property rights in any Content or the business methods employed by the Site are transferred to you by access to this Site.
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Patent.
United States Patent Number 7,860,805, issued to Personal Estate Manager, Inc. on December 24, 2010, protects certain methods that are used in connection with or as a part of our Services.
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Copyright.
Except for the information provided by a member that is included in the Member’s Profile (“Member Profile Information”), all Content and the selection and arrangement thereof are copyrighted materials of Personal Estate Manager, Inc, © 2009-2017, ALL RIGHTS RESERVED, or of the original creator of the material. We do not claim any copyright in the Member Profile Information or a subscriber’s personal information.
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Trademarks.
Personal Estate Manager Inc. Logo are federally registered trademarks which are owned exclusively by Personal Estate Manager, Inc. In addition, “One Family At A Time,” “Your Online Safety Deposit Box,” and “Store, Track, Notify” are unregistered trademarks owned by Personal Estate Manager, Inc. All other trademarks, trade names, trade dress, service marks and logos used and displayed on this Site are either the registered or unregistered trademarks of Personal Estate Manager or are owned by third parties. We are not associated with, endorsed by or sponsored by these third parties nor do we endorse or sponsor these third parties. Our written consent is required for any use of our marks. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned or licensed by us and may not be used without our prior written permission. You may not use any metatags or any other hidden text utilizing the Site’s name, Personal Estate Manager’s name, My Peace of Mind or any other trademarks, service marks or trade dress owned by us without our express written consent.
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3. USE OF THE SITE
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License and Site Access.
Permission is granted to access, search, retrieve, print, save, or display limited portions of the Site Content solely for your own personal noncommercial use. You must retain all trademarks, trade names, copyright notices, or any other proprietary notices or legends contained in the Content. You may not otherwise copy, modify, remove, delete, add to, publish, transmit, distribute, republish, upload, sell, or create derivative works from the Content, or in any way exploit any of the Content owned by us, in whole or in part, without our prior written consent. As a subscriber to our services, you have the right to copy, modify, remove, delete, add to, publish, transmit, distribute, republish, or otherwise use your Member Profile pages.
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Termination of License by Us.
We reserve the right to cancel your license and/or deny you access to the Site if you materially violate these Terms of Use or any rules or guidelines posted on the Site. We reserve the right to investigate suspected violations of these Terms of Use.
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Age of Users.
If you are under the age of 18, you may not use this Site.
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Additional Use Restrictions.
You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our express prior written consent. By way of example, you should not use any features of this Site which permit communications with us or postings to post, transmit, display, or otherwise communicate any information or content, which in our sole judgment (i) is in violation of any local, state, federal or non-United States law or regulation; (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity; (iii) violates the rights of any person or business, including rights protected by contract, copyright, trade secret, patent or other intellectual property or similar laws or regulations; (iv) encourages illegal activity; (v) constitutes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You shall be responsible for determining what laws or regulations are applicable. You agree that you will not use any robot, spider, or any other automatic device, or manual process, to screen scrape, monitor, mine or copy the Web pages on the Site or the content contained therein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not frame or co brand this Site which means you cannot display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site. If you are unsure of whether any contemplated activity is permissible under these Terms of Use, please contact us at info@memberprofile.info.
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Security.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
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4. TREATMENT OF INFORMATION YOU SUBMIT TO THIS SITE
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| We will treat any personal information (information that specifically identifies a particular user) or information for your Member Profile that you submit to this Site in accordance with our Privacy Policy and our Member Agreement, if you subscribe to our Services. Any other unsolicited material, suggestions, proposals, ideas or information (collectively “Unsolicited Materials”) will be considered to be non-confidential and non-proprietary even if you inform us otherwise. We shall not have any obligations whatsoever concerning the Unsolicited Materials, including contractual or otherwise (included but not limited to an obligation to keep the Unsolicited Materials confidential) and shall not be liable for any use or disclosure of any Unsolicited Materials. We shall be entitled to unrestricted use of the Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you. If you send Unsolicited Materials to us in response to a written request from us, the Unsolicited Materials will be treated in the same manner as stated above for Unsolicited Materials unless (i) we agree in a writing issued prior to or contemporaneously with the request to treat the Unsolicited Materials in another manner and (ii) the Unsolicited Materials make specific reference to the written request. Any Unsolicited Materials sent in response to an oral request will be treated in the same manner as stated above for Unsolicited Materials.
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5. LINKING AND INFORMATION ABOUT SERVICE PROVIDERS
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| This Site may contain links to sites operated by entities other than us (“Linked Sites”). Links to such Linked Sites are provided as a service to users. These Linked Sites are not sponsored by or affiliated with this Site or us. We have not reviewed such Linked Sites and we are not responsible in any way for the content of such Linked Sites. We do not make any representations about or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links are to be accessed at the user’s own risk. Further, the inclusion of any link to a Linked Site does not necessarily imply endorsement of that site by us. If you decide to visit any Linked Site and/or transact any business on a Linked Site, you do so at your own risk. Please contact the operator of a Linked Site concerning any information, goods or services appearing thereon. We reserve the right to remove the Linked Site at any time without prior notice.
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6. DISCLAIMERS.
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SITE IS PROVIDED “AS IS”. WE PROVIDE THIS SITE AND ITS CONTENTS “AS IS”. WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, TROJAN HORSES OR OTHER HARMFUL CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL OR OTHER ERRORS OR BUGS, AND WE MAY, BUT ARE NOT OBLIGATED TO, MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
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NO EXPRESS OR IMPLIED WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
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STATE LAW RIGHTS. . . BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR STATE LAW.
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7. LIMITATION ON LIABILITY
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LIMITATION. TO THE EXTENT NOT PROHIBITED BY LAW, WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY AND THAT OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $10 OR THE AMOUNT YOU HAVE PAID TO US FOR A YEAR’S SUBSCRIPTION TO THE MY PEACE OF MIND SERVICES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
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STATE LAW RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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8. INDEMNITY
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| You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you (including any use of Content other than as expressly authorized in these Terms of Use), from claims arising out of or related in any way to your use of the Site or violation of any law or regulation or violation of any privacy right. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
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9. COPYRIGHT POLICY UNDER THE DIGITAL MILLENIUM COPYRIGHT ACT
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In accordance with the Digital Millennium Copyright Act, we have adopted the following policy toward copyright infringements: We will block access to and/or remove any material from the Site that we believe in good faith to be copyrighted material that has been illegally copied and submitted to the Site.
To report copyright infringements, please submit a formal “Notice of Copyright Infringement” containing the following: (i) identification of what is being infringed; (ii) where the infringing materials are located; (iii) who is complaining; (iv) how he or she may be contacted; (v) a statement of a good faith belief that the material is infringing; and (vi) a statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder.
The Notice of Copyright Infringement should be sent to:
Stephen Wood, President
Personal Estate Manger, Inc.
P.O. Box 183096
Shelby Township, MI 48318-3096
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10. APPLICABLE LAW, DISPUTE RESOLUTION AND MISCELLANEOUS
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Governing Law. This Site was created by and is controlled by us in the State of Michigan. Thus, this Agreement and any dispute of any sort that might arise between you and Personal Estate Manager Inc. concerning your use of the Site, the Terms of Use, the Privacy Policy, or this Agreement will be governed by and interpreted pursuant to the laws of the State of Michigan and of the United States of America, without giving effect to any principles of conflicts of laws.
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Jurisdiction and Venue. You specifically consent to and agree to submit any dispute or claim arising out of or relating to this Agreement, the Terms of Use (including any breach thereof), Our Services, Member Profile Privacy Policy, use of any information you give to the Member Profile, or use of the Site, or the services that are offered through the Site to binding and confidential arbitration in Oakland County, Michigan administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect (including without limitation the Supplementary Procedures for Consumer Related Disputes if appropriate). The arbitration panel shall consist of one arbitrator, to be mutually agreed upon by you and Personal Estate Manager Inc. If you and Personal Estate Manager Inc. cannot agree on an arbitrator within the time period given by the American Arbitration Association for the choosing of an arbitrator or within thirty (30) days of the filing of the arbitration proceeding, whichever is later, then the American Arbitration Association shall choose the arbitrator. The arbitration may be conducted in person, through the submission of documents, or by phone. The arbitrator shall provide a written decision, and if a party so requests, the arbitrator will provide a statement of reasons supporting the decision. The arbitrator’s award shall be binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. To the fullest extent permitted by applicable law, any such dispute or claim shall be arbitrated on an individual basis and shall not be consolidated with any dispute or claim of any other party. Each party shall be liable for its own fees and costs. The foregoing shall not preclude Personal Estate Manager Inc. from seeking any injunctive relief in state or federal courts located in the State of Michigan for protection of the intellectual property rights of Personal Estate Manager Inc. or its licensors or licensees. You agree you will not start any litigation relating to the matters specified in this paragraph except through arbitration. You also waive any claim that venue in these courts is not proper or is a forum nonconveniens. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
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Statute of Limitations. Any cause of action for a breach of this Agreement or other matters relating to your use of the Site must be brought within one year of the events giving rise to the cause of action.
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11. SEVERABILITY AND INTEGRATION
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| For visitors to our Site who do not subscribe to the Site, these Terms of Use and the Privacy Policy and any supplemental terms, policies or rules posted on the Site constitute the entire agreement between you and us with respect to your use of the Site and its services. The Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. If you subscribe to our Services, these Terms of Use, the Privacy Policy, and the Member Agreement constitute the entire agreement between us and you with respect to your use of the Site and its services. For subscribers, in the case of a conflict or an inconsistency between these Terms of Use and the Member Agreement, the Member Agreement shall control. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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12. REVISIONS TO THE TERMS OF USE
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| WE MAY REVISE THESE TERMS OF USE AT ANY TIME IN OUR SOLE DISCRETION. ANY REVISED TERMS OF USE WILL BE POSTED ON THE SITE. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
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CLICK HERE TO ACCEPT THESE TERMS OF USE:
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BY CLICKING “I AGREE,” YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS MEMBER AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN IT.
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